HomeMy WebLinkAbout20170185 Ver 1_Approval Letter_20170301�t���,
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ROY COOPER
Gorcr�u,r
M ICf IABL S. RCGAN
.Srcre�m_r
S. JAY ZIMMERMAN
tr„�«ro,�
March I, 2017
Rockingham Coimty
NCDWR Project No. 20170185
13ridge 2R3 on SR 2686
WBS Elemenl 17BPJ.R.104
APPROVAL of 401 WATER QUALITY CGRTI�ICATION and JORDAN LAKG WATERSHCD 13UFFER
AUTHORIZATION with ADDITIONAL CONDITIONS
Mr. J.M. Mills, P.E., Division Engincer
NCDOT, Division 7
P.O. I3os 14996
Greensboro, NC 27415
Dear Mr. Mills:
You have our approval, in accordance with the condi[ions listed bclow, Cor the following impacts for the pur�ose of
replacing 6rid�e 2S3 with a hvo-barrel reinforced concrete box culvert (RCBC) in Little Troublesome Creek in
Rockingham Cotully:
Site
Zonc I
Impact
(sq ft)
19
19
Stream Impacis in
Temporary �ill in Permanent fill in
Perenninl Sh�cam Perenni�l Stream
(linear ft) (linear ft)
Permanent Tempm'ary
fill in Fill in
Intermittent Intcrmittent
Stre:im Stream
flincarf[) flincarPtl
De�vater I Cuh�ert I RipRnp I I
23 57 70 - T -
i �i i �v i - i
Total Stream Impac� for Project: I50 line�r feet.
Jm•den Lal<e Watershed Ri arinn Buffer Im �acts
Zone I
iiii��as = Z.onc I I3uffcr Zone 2 ��+inns
Wetlands BufPcrs (not Mitigation Wctlands
in Zone I �retlands) Required Impact in "Lone 2
(sq ft) (sq ft) (using 3:1 isq ft) �sq ft)
rafio
- - - 1,9d5 -
- - - 1,9d5 -
Total t3uffer Impact for Project: 7,lGd square feet.
�•.Nmhi�u� �'nirs��ai�r��.
Slatz of Nonh Carnlina I 5ivunninzulal Oualily
1617 Mnil Service Centrr I Italci�h. Nnrth Camlinu 2 7699-1 61 7
Tof�l Stream
Stream �mpacts
Impact Requiring
(lincar ft) ���tigation
(linear ft)
I50
= Zonc 2 Zanc 2 [3uffcr
13uffcrs (not Mitigation
�vctlands) Rcquircd
(sq ft) �using I.5:1
ralio)
The project shall be constructed in accordance with your application dated received February 14, 2017. After
reviewing your application, we have decided that these impacts are covered by General Water Quality Certification
Number 3886. This certifica[ion corresponds to Nationwide Permit 14 issued by the Corps of Engineers. This
approval is also valid for the Jordan Lake Watershed Riparian Buffer Rules (15A NCAC 2B.0267). In addition, you
should acquire any other federal, state or Iocal permits before you proceed with your project including (but not
limi[ed to) Sediment and Erosion Control, Non-Discharge and Water Supply Watershed regulations. This approval
will expire with the accompanying 404 pennit.
This approval is valid solely for the purpose and design described in your application (unless modified below).
Should your project change, you must notify the NCDWR and submit a new application. Ifthe property is sold, the
new owner must be given a copy of this Certification and approval let[er, and is thereby responsible for complying
with all the conditions. If total wetland fills for this project (now or in the future) exceed one acre, or of rotal
impacts to streams (now or in the future) exceed I50 linear feet, compensatory mi[igation may be required as
described in 15A NCAC 2H .0506 (h) (6) and (7). Additional buffer impacts may require compensatory mitigation
as described in 15A NCAC 2B .0267. For this approval [o remain valid, you must adhere ro the conditions listed in
the attached certification(s) and any addi[ional conditions listed below.
Condition(s) of Certification:
Project Specific Conditions
I. As a condition of this 401 Water Qualiry Certification, the bridge demolition must be accomplished in
strict compliance with the most recent version of NCDOT's Best Management Practices for Construction
and Maintenance Activi[iea [15A NCAC 02H .0507(d)(2) and I SA NCAC 02H .0506(b)(5)]
2. All stormwater runoff shall be directed as sheetflow through stream buffers at non-erosive vebcities, unless
otherwise approved by this certification. ( I SA NCAC 2B.0267)
3. All riparian buffers impacted by the placement of temporary fill or clearing ac[ivities shall be restored to the
preconstruction contours and revegetated. Maintained buffers shall be permanently revegetated with non-
woody species by the end of the growing season following completion of construction. For the purpose of
this condition, maintained buffer areas are defined as areas within the transportation corridor that will be
subject to regular NCDOT maintenance activities including mowing. The area with non-maintained buffers
shall be permanently revegetated with native woody species before the next growing season following
completion of construction. (I SA NCAC 2B.0267)
4. Pursuant ro 15A NCAC 2B .0267, sediment and erosion control devices shall not be placed in Zone 1 of any
Jordan Lake Buffer wi[hout prior approval by the NCDWR. At this time, the NCDWR has approved no
sedimen[ and erosion control devices in Zone I, outside of the approved project impacts, anywhere on this
project. Moreover, sediment and erosion control devices shall be allowed in Zone 2 of the buffers provided
that Zone 1 is not compromised and that discharge is released as diffuse flow.
Any modifications to this 401 Water Qualiry Certification that propose additional stream impacts or
increased impervious surface requiring additional stormwater management may be subject the Jordan Water
Supply Nutrient Strategy (I SA NCACO2B .0267). The NCDOT shall coordinate with the NCDWR prior to
submitting a modification request to determine the applicability of the Jordan Water Supply Nutrient
Strategy. This condition does not apply to major modifications for additional sections of the project that
were covered under the Finding of No Significant Impact or approved in the Avoidance and Minimization
stage of the project.
6. Barrels shall be designed to mimic natural stream cross section as closely as possible including pipes or
barrels at flood plain elevation and/or sills where appropriate. Widening the stream channel should be
avoided. Stream channel widening at the inlet or ootlet end of structures typically decreases water veiocity
causing sediment deposition that requires increased maintenance and disrupts aquatic life passage. [ISA
NCAC 02H.0506(b)(2)]
7. Riprap shail not be placed in the active thalweg channel or placed in the sheambed in a manner that
precludes aquatic life passage. Bioengineering boulders or strucwres should be properly designed, sized and
installed. [15A NCAC 02H.0506(b)(2)]
8. For the 23 linear feet of streams being impacted due to site dewatering activities, the site shall be graded to
its preconstruction contours and revegetated with appropriate native species. [15A NCAC 02H.0506(b)(2)]
9. The sreeam channel shall be excavated no deeper than the natural bed material of the stream, to the
maximum extent practicable. Efforts must be made to minimize impacts to the stream banks, as well as to
vegetation responsible for maintaining the stream bank stability. Any applicable riparian buffer impact for
access to stream channel shal l be temporary and be revegetated with native riparian species. [ I SA NCAC
02H.0506(b)(2)]
General Conditions
Unless otherwise approved in this certification, placement of culverts and other structures in open waters
and streams shall be placed below the eleva[ion of the streambed by one foot for all culverts with a diameter
greater than 48 inches, and 20 percent of the culvert diameter for culverts having a diameter less than 48
inches, to allow low flow passage oFwater and aquatic life. Design and placement of culverts and other
structures including temporary erosion control measures shall not be conducted in a manner that may result
in dis-equilibrium of wetlands or streambeds or banks, adjacent to or upstream and downstream of the
above structures. The applicant is required to provide evidence that the equilibrium is being maintained if
requested in writing by NCDWR. If this condition is unable to be met due to bedrock or other limiting
features encountered during construction, please contact NCDWR for guidance on how to proceed and to
determine whether or not a permit modification will be required. [15A NCAC 02H.0506(b)(2)]
2. If concrete is used during construction, a dry work area shall be maintained to prevent direct contact
between wring concrete and stream water. Water that inadveRently contacts uncured concrete shall not
be discharged to surface waters due to the potential for elevated pH and possible aquatic life and fish
kills. [ISA NCAC 02B.0200]
3. During the construction of the project, no staging of equipment of any kind is permitted in waters of the
U.S., or protected riparian buffers. [15A NCAC 02H.0506(b)(2)]
4. The dimension, pattern and profile of the stream above and below the crossing shall not be modified.
Disturbed floodplains and streams shall be restored to natural geomorphic conditions. [15A NCAC
02H.0506(b)(2)]
5. The use of rip-rap above the Normal High Water Mark shall be minimized. Any rip-rap placed for stream
stabilization shall be placed in stream channels in such a manner that it does not impede aquatic life
passage. [15A NCAC 02H.0506(b)(2)]
6. The Pennittee shall ensure that the final design drawings adhere to the permit and to the permit drawings
submi[ted for approval. [15A NCAC 02H .0507(c) and 15A NCAC 02H .0506 (b)(2) and (c)(2)]
7. All work in or adjacent to stream waters shall be conducted in a dry work area. Approved BMP measures
from the most wrrent version of NCDOT Construction and Maintenance Activities manual such as
sandbags, rock berms, cofferdams and other diversion structures shall be used to prevent excavation in
flowing watec [ I SA NCAC 02H.0506(b)(3) and (c)(3)]
8. Heavy equipment shall be operated from the banks rather than in the stream channel in order to minimize
sedimentation and reduce the introduction of other pollutants into the stream. [15A NCAC
02H.0506(b)(3)]
9. All mechanized equipment operated near surface waters must be regularly inspected and maintained to
prevent contamination of stream waters from fuels, lubricants, hydraulic fluids, or other toxic materials. [15A
NCAC 02H.0506(b)(3)]
10. No rock, sand or other materials shall be dredged from the stream channel except where authorized by this
ceRification. [15A NCAC 02H.0506(b)(3)]
I 1. Discharging hydroseed mixtures and washing out hydroseeders and other equipment in or adjacent to surface
waters is prohibited. [15A NCAC 02H.0506(b)(3)]
12. The permittee and its authorized agents shall conduct its activities in a manner consistent with State water
quality standards (including any requirements resulting from compliance with §303(d) of the Clean Water
Act) and any other appropriate requirements of State and Federal law. Ifthe NCDWR determines that such
standards or laws are not being met (including the failure ro sustain a designated or achieved use) or that State
or federal law is being violated, or that further conditions are necessary to assure compliance, the NCDWR
may reevaluate and modify this certification. [I SA NCAC 02B.0200j
13. All fill slopes located in jurisdictional wetlands shall be placed at slopes no fla[ter than 3:1, unless otherwise
authorized by this certification. [15A NCAC 02H.0506(b)(2)]
14. A copy of this Water Quality Certification shall be maintained on the construction site at all times. In
addition, the Water Quality Certification and all subsequent modi6cations, if any, shall be maintained with
the Division Engineer and the on-site project manager. [15A NCAC 02H .0507(c) and l5A NCAC 02H .0506
(b)(2) and (c)(2)]
I5. The outside buffer, wetland or water boundary located within the construction corridor approved by this
au[horization shall be clearly marked by highly visible fencing prior to any land disturbing activities. Impacts
to areas within the fencing are prohibited unless otherwise authorized by this certification. [15A NCAC
02H.0501 and .0502]
16. The issuance of this certification does not exempt the Permittee from complying with any and all statutes,
rules, regulations, or ordinances that may be imposed by other govemment agencies (i.e. local, state, and
federal) having jurisdiction, including but not limited to applicable buffer rules, stormwater management
rules, soil erosion and sedimentation control requirements, etc.
17. The Permittee shall repoR any violations of this certification to the Division of Water Resources within 24
hours of discovery. [I SA NCAC 02B.0506(b)(2)]
18. Upon completion of the project (including any impacts at associated borrow or waste sites), the NCDOT
Division Engineer (or appointee) shall complete and return the enclosed "Certification of Completion Form"
to notify the NCDWR when all work included in the 401 Certification has been completed. [15A NCAC
02H.0502(�]
19. Native riparian vegetation must be reestablished in the riparian areas within the construction limits of the
project by the end of the growing season following completion of construction. [I SA NCAC 02B.0267(]0)]
20. There shall be no excavation from, or waste disposal into, jurisdictional wetlands or waters associated with
this permit without appropriate modification. Should waste or borrow sites, or access roads to waste or borrow
sites, be located in wetlands or sheams, compensatory mitigation will be required since that is a direct impact
from road construction activities. [15A NCAC 02H.0506(b)(3) and (c)(3)]
21. Erosion and sediment control practices must be in full compliance with all specifications governing the proper
design, installation and operation and maintenance of such Best Management Practices in order to pro[ect
surface waters standards [ISA NCAC 02H.0506(b)(3) and (c)(3]):
a. The erosion and sediment control measures for the project must be designed, installed, operated, and
maintained in accordance with the most recent version of the North Carolina Sediment and Erosron
Contro! Plannrng and Design Manual.
b. The design, installation, operation, and maintenance of the sediment and erosion control measures must
be such that they equal, or exceed, the requirements specified in the most recent version of the Na•th
Cnrolina Sediment and Erosion Conh•ol Man:ia[. The devices shall be maintained on all construction
sites, borrow sites, and waste pile (spoil) projects, including contractor-owned or leased borrow pits
associated with the project.
c. For borrow pit sites, the erosion and sediment control measures must be designed, installed, operated,
and maintained in accordance with the most recent version of the Nath Cnrolina Surface Mining
Manual.
d. The reclamation measures and implementation must comply with the reclamation in accordance with the
requirements of the Sedimentation Pollution Control Act.
22. Sediment and erosion control measures shall not be placed in wetlands or waters unless otherwise approved
by this Certification. [15A NCAC 02H.0506(b)(3) and (c)(3)]
If you wish to contest any statement in the attached Certification you must file a petition for an administrative
hearing. You may obtain the petition form from the office of Administrative hearings. You must file the petition
with the office of Administrative Hearings within sixty (60) days of receipt of this notice. A petition is considered
filed when it is received in the office of Administrative Hearings during normal office hours. The Office of
Administrative Hearings accepts filings Monday through Friday between the hours of S:OOam and S:OOpm, except
for official state holidays. The original and one (1) copy of the petition must be filed with the Office of
Administrative Hearings.
The petition may be faxed-provided the original and one copy of the document is received by the Office of
Administrative Hearings within five (5) business days following the faxed transmission.
The mailing address for the Office of Administrative Hearings is:
Oftice of Administrative Hearings
6714 Mail Service Center
Raleigh, NC 27699-6714
Telephone: (919) 431-3000, Facsimile: (919) 4313100
A copy of the petition must also be served on DEQ as follows:
Mr. Sam M.Hayes, General Counsel
Department of Environmental Quality
1601 Mail Service Center
This letter completes the review of the Division of Water Resources under Section 401 of the Clean Water Act. If you
have any questions, please contact Dave Wanucha at (336)776-9703 or Dave.Wanucha@ncdenr.gov.
Sincerely,
S. Jay Zimmerma , Director��
Division of Water Resources
Electronic copy only distribution:
Dave Bailey, US Army Corps of Engineers, Raleigh Field Office
Jerry Parker, Division 7 Environmental Officer
Nicole Thomson, Division 7 Environmental Assistant
Travis Wilson, NC Wildlife Resources Commission
Dave Wanucha, NC Division of Water Resources Winston Salem Regional Office
File Copy
��}'� "`
�� ql �S
:nPi. .�,� �
Envrronnt�nlal
Qualrry
NCDWR Project No.:
Applicanh:
Pro,ject Namc:
Date of' Issuanm of d01 Water Quality CertiPcation:
Counh�:
ROY COOPF,R
Cnrei�nnr
MICI I�BL S. REGAN
Sen��am�r
S. JAY ZIMMI:RMAN
t�;�,•�v,,,
Certificate of Complelion
Upon comple[ion of all �vork approved within the a01 Water Qu�lity Certitica[ion or applicable Buffer Rules, and
any subseqiient modific�tions, Ihe applic,ant is requircd lo reiurn this eertific�te [o the 401 Transpor[a[ion Permitting
Uni[, North Carolina Division of W�ter Resow�ces, I(17 Mail Scrvice Center, Ralei;h, NC, 27699-1617. l'his form
may be retin�ned to NCDWR by �he applic�nt, �he applicant's authorized a�ent, m• tlie projectengineer. It is not
necessnry ro send certiticates from all of lhese.
.JpplicniiYs Cerlrfrcalion
I. . hereby state [hat, to Ihe best of my abililies, due care imd diligence
was uscd in [he observation of the consu'uction such tha[ the consU'uction was ubserved to be built �vi[hin substantial
compliance and intent of the 401 Watcr Quality Certification and BufPer Rules, the appiroved plans and
specitications, and otha'suppor[in� matcrials.
Signatw�e: _ Date:
Agent's CerlificrUiou
�, , hereby state tha�, to the bes� of my abilities. due care nnd diligence
was used in the observation of�the consh'uction such that the construction �vas observed to be built �vithin subvtantial
compliance and intent of the a01 Water Quality Certifcation znd F3uffcr Rules, the approved plans and
specifica[ions, and other supporting m�terials.
5 i <roani re: Da[e:
Engineer's Cerli/icntion
Par[ial Final
�, , as e July registered Professional Gnginecr in die Siate of North
Carolina, having been authorized to observe (periodically, weekly, full tiine) the consh�uction of the project for the
Pcrmi[tee hercby sla[e iha(, to the best of my abilities. due carc and diligcnce was used in the observation of Ihe
construction such diat the construetion was' observed to be built within substantial coinpliance �nd intent of Ihe 401
Wa�cr Quality Cerlification and 13uffer Rules. the approved plans and specifications, and o�her supporting materials.
Si�nature
Date
Registration No.
'�-Nntivi�iq['.nmpaic-•� .
Sta[e ofNonh Cnrohnz I Emaronintntal Qualin'
1617 Mnil Srrvice Crnlrr I Rsleieh, ��onh Caralinn 27R�9-1617